Court Cases

Court Allows Federal Manager to be Sued After Firing Employee

By on May 26, 2011 in Court Cases, Current Events with 12 Comments

A recent court decision has many federal managers and supervisors asking serious questions about their exposure and personal liability in civil or ‘personal capacity’ lawsuits for work-related matters and decisions.

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"Expressive Dancer" At the Jefferson Memorial is Thwarted in Court

No dancing at the Jefferson Memorial to celebrate his birthday. “Mr. Jefferson is on record discouraging celebration of his birthday: On Mr. Jefferson’s accession to the Presidency [visitors] had waited on him, requesting to be informed, which was his birthday, as they wished to celebrate it with proper respect. ‘The only birthday I ever commemorate,’ replied he, ‘is that of our Independence, the Fourth of July.'”

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Outside the Protection of the Civil Service Reform Act

A federal district court recently refused to dismiss a “Bivens” tort claim brought by a high-level Library of Congress employee against an agency manager. The effect of this ruling is that the Library manager must defend himself against a constitutional tort action that was brought against him personally.

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If You Don't Want Medicare Part A–Too Bad Says Court to Federal Retirees

A federal court decision will have repercussions for federal retirees who prefer to keep their health benefits program in retirement rather than go under Medicare Part A (hospitalization) coverage. To avoid using Medicare Part A, the court rules they will have to give up Social Security benefits and repay all Social Security benefits received.

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Former NASA Exec Loses Appeal of Criminal Convictions

A former NASA executive has lost his appeal of criminal convictions stemming from his role in allocating a $15 million congressional earmark when he was serving as Associate Administrator of the agency.

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Will The 2nd Wife of a Retired Federal Employee Receive An Annuity? Not in This Case

Will your spouse receive an annuity when a federal employees dies? The widow (2nd wife) of a Federal retiree who remarried after his first wife died has lost her battle to convince OPM, MSPB and now an appeals court that she was entitled to a survivor’s annuity.

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Former Army Special Forces SGT Wins Reinstatement With Postal Service

The Court of Appeals for the Federal Circuit recently held the Postal Service incorrectly terminated a member of the National Guard under false assumptions in that he abandoned his position. This case means federal agencies will find it harder to base terminations of military members on circumstantial evidence that the employee abandoned his civilian position.

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The D.C. Circuit Gives Agencies the Specifics About Informal Counseling

In a recent decision by the US Court of Appeals for the D.C. Circuit, the court vacated a previous decision dismissing a class action discrimination case against the Federal Reserve Board for failure to exhaust administrative remedies. At issue was whether the individual complainants offered sufficient specific instances of discrimination during group counseling sessions or participated in the informal process “in good faith” thereby exhausting the administrative process before proceeding to Federal District court.

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That Question Was Really Hard…But Debarment from Federal Employment Stands Anyway

By on February 24, 2011 in Court Cases, Current Events with 17 Comments

A man who lied on a federal questionnaire found himself ineligible for a position and debarred from being appointed to a federal job. He contended OPM discriminated against him and violated various rights and that the question was ambiguous despite admitting that he knew he had been criminally charged when he answered “no” to the question. He remains debarred from federal employment after the court’s decision.

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Uncle Sam Steps Aside and Lawsuit by One Fed Against Two Others Moves Forward

By on February 2, 2011 in Court Cases, Current Events with 13 Comments

The Justice Department’s refusal to certify that federal employees were acting within the scope of their employment, together with a recent district court decision, has left two federal employees facing a lawsuit by a fellow employee charging them with various torts including libel. The expense and headache of the lawsuit now falls back on the defendants.

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